Domestic violence is one of the most serious charges you can face in Anaheim. This is because it has wide-reaching implications and collateral effects, even for a misdemeanor. If convicted, you should be facing a firearms ban, jail time, thousands of dollars in fines, and a difficult-to-escape criminal record. To protect your freedom, you need an experienced Anaheim, CA, criminal defense attorney.
Domestic violence means abuse or attempted abuse against a spouse, partner, co-parent, or someone you've dated or lived with. In Anaheim, CA, it's usually charged as domestic battery or corporal injury on a spouse or cohabitant, and the penalties range from probation and a year-long class to years in state prison.
Our Anaheim domestic violence defense team is ready to help with your case. We offer free case reviews, and our phone lines are available 24/7.
Just Arrested? Take These Steps:
- Invoke your right to remain silent.
- Call our office (you can reach us by phone around the clock): (800) 755-5174.
- Do not try to "clear things up" with the alleged victim.
On this page:
- What counts as domestic violence, and the charges that come with it
- 7 key steps to take if you're accused
- The post-arrest process for domestic violence
- What you could be facing in terms of protective orders and custody battles
- Penalties, probation, and collateral consequences
- The intersection between domestic violence charges and immigration law
- Different diversion options that you may want to explore
- What happens if the alleged victim doesn't cooperate
- Defense options that may apply to your case
- The different steps we take in building a defense
- Why our law firm is ready to be your domestic violence defense attorney
- FAQs
If you're facing domestic violence allegations, act fast. Contact our criminal defense lawyers at (800) 755-5174 or reach out online now for a free, confidential consultation.
Reviewed by Attorney David S. Chesley, October 2026. California criminal defense since June 2005, SBN 236611.
What Does a Domestic Violence Accusation Mean in Anaheim, CA?
The main definition of domestic violence in California is California Penal Code § 13700. It defines it as causing harm to someone else with whom you have a close relationship, such as a husband/wife or co-parent.
Family law uses a broader definition. For restraining orders, Family Code § 6211 is the key statute to keep in mind. It also includes immediate family members and grandparents. Because of these dual sets of definitions, you can face a domestic violence restraining order without an underlying criminal charge.
In criminal court, domestic violence is most often charged as one of two crimes: domestic battery or corporal injury on a spouse or cohabitant. To convict you of either one, the prosecutor must prove beyond a reasonable doubt that:
- You willfully touched the alleged victim in a harmful or offensive way (and, for corporal injury, that the contact resulted in trauma);
- You were not protecting yourself, nor another person; AND
- The alleged victim had a close/romantic relationship with you as defined in California Penal Code § 13700.
Domestic Battery
- Statute: PC § 243(e)(1)
- What it means: Touching someone forcibly, violently, or offensively — so long as the alleged victim is a current or former romantic partner.
- Misdemeanor or Felony: Misdemeanor
Inflicting Corporal Injury on a Spouse or Cohabitant
- Statute: PC § 273.5
- What it means: Purposely hurting a current or former romantic partner that causes a particular physical injury—any wound or internal or external injury, minor or serious, including injury from strangulation or suffocation.
- Misdemeanor or Felony: Wobbler—could be a misdemeanor or a felony
The Key Distinction: Was There an Injury?
Whether or not there was an injury is the difference in what you get charged with: No injury means domestic battery charges, while any physical trauma means a corporal injury charge. In terms of penalties, the maximum jail sentence for domestic battery is one year, while a felony corporal injury charge can result in up to 5 years (though this can be extended depending on your record).
Charges Often Filed With Domestic Violence
In Anaheim, CA, criminal court, it's common to face multiple criminal charges at once. Here are some related ones you should be aware of:
- Criminal Threats (PC § 422): Scaring someone by indicating that you intend to cause them harm. A felony conviction is a strike.
- Dissuading a Witness (PC § 136.1): Attemping to prevent a witness or alleged victim from informing the authorities about a crime or from testifying
- Damaging a Phone Line or Phone (PC §§ 591, 591.5): Cutting or disconnecting a phone line, or taking away a cell phone, such as if done in order to stop them from contacting the police.
- False Imprisonment (PC § 236): Restraining someone or keeping them from leaving, such as blocking a doorway.
- Assault With a Deadly Weapon or Force Likely to Cause Great Bodily Injury (PC § 245(a)): An assault with an object or with force likely to cause serious injury.
- Stalking (PC § 646.9): Repeatedly following or harassing someone and making a credible threat that puts them in reasonable fear for their safety.
- Restraining Order Violations (PC § 273.6): Violating the terms of a court-issued protective or restraining order.
- Child Abuse (PC § 273d): Physically hurting a child, either completely unjustified or through excessive punishment.
- Elder Abuse (PC § 368): Abusing or neglecting someone 65 or older, or a dependent adult, such as an elderly parent.
- Sexual Battery (PC § 243.4): With a sexual motive, touching another person's privates without permission.
- Revenge Porn (PC § 647(j)(4)): Trying to hurt another person emotionally by sharing nude, sexual, or otherwise intimate pictures of them, when intended to be private, without their permission.
How to Handle Domestic Violence Allegations in Anaheim, CA
If you've been arrested for or accused of domestic violence, the most important things are to stay silent, stay away from the alleged victim, and call a defense lawyer immediately:
- Plead the Fifth Ammendment.
- Request an attorney.
- Do what you can to secure pretrial release.
- Follow every term of any emergency or criminal protective order.
- Preserve evidence: photos of your own injuries, texts, emails, call logs, doorbell or security camera video, and the names of witnesses.
- Don't hold back when speaking with your defense attorney — they need to know the full story.
- Don't contact the alleged victim, even to apologize or to ask them to drop the case. That contact can violate a protective order and lead to a separate charge for dissuading a witness. If they reach out, talk to your lawyer before responding.
Following these steps gives your case the best chance of a positive outcome. Our domestic violence defense attorneys are ready for your call, day and night: (800) 755-5174.
Domestic violence cases in Anaheim are often routed through the Orange County Family Justice Center at 150 West Vermont Avenue, where survivors receive coordinated services. The Law Offices of David S. Chesley defend clients at the Lamoreaux Justice Center in Orange, applying strategies that account for the diverse neighborhoods and cultural communities served by the center.
What Happens After a Domestic Violence Arrest in Anaheim, CA?
Many people don't know what to expect after being arrested for domestic violence. Here's what typically happens after police show up in Anaheim, CA:
- Arrest: An arrest isn't guaranteed after a domestic violence call, but they often occur. According to PC § 836(d), an officer does not need to witness a domestic violence incident in order to have probable cause to make an arrest. Additionally, PC § 13701 guides them to arrest the "dominant aggressor" in cases where both parties claim the other attacked them.
- Booking: You'll be fingerprinted, photographed, and processed into jail.
- Emergency Protective Order: Officers can request an emergency protective order from an on-call judge, often the same night. It can order you to stay away from the alleged victim and move out of the home for up to 5 court days or 7 calendar days, whichever comes first.
- Police Interview: While under arrest, the police may ask you about the incident. While you should be respectful, you should not answer any questions without a lawyer present.
- Bail and Release: Bail usually starts from the county bail schedule. For many domestic violence charges, including PC 273.5, stalking, and felony criminal threats, a judge must hold a hearing in open court before setting bail above or below the schedule or releasing you on your own recognizance (PC § 1270.1). Your attorney can argue for your release at that hearing.
- Filing Decision and Arraignment: Prosecutors review the police report and decide what to file. California guidelines require the state to either formally charge you or release you within 48 hours in most cases (not counting Sundays and holidays), according to PC § 825. At arraignment you'll hear the charges and enter a plea, and the judge will usually issue a criminal protective order.
- Pretrial Stage: Before a trial, your defense attorney will review the evidence, file motions where applicable, and try to negotiate a favorable plea deal.
Can You Go Home After a Domestic Violence Arrest?
Often, you may not be allowed back in your home. An emergency protective order can require you to move out immediately, and the criminal protective order issued at arraignment frequently orders you to stay away from the alleged victim and the shared home for as long as the case is open. That's true even if the alleged victim wants you back. Breaking a protective order, whatever the circumstances, can lead to new charges. Your attorney can ask the judge to modify the order, for example to a "peaceful contact" order that allows you to return home or co-parent as long as there's no harassment or violence.
Domestic Violence, Restraining Orders, and Custody
Anaheim, CA, domestic violence cases often overlap with restraining orders and custody disputes. Your actions now can affect your criminal case, your child custody rights, and your restraining order. Work with an attorney who has experience in all three arenas.
Types of Restraining Orders in Domestic Violence Cases
When facing domestic violence allegations, here are the three typical types of Restraining orders you may be up against:
- Emergency Protective Orders: While not automatic, these are commonly filed by the police officer right after an arrest. They give the alleged victim time (5 court days or 7 calendar days) of protection, during which they will often file for a longer restraining order.
- Criminal Protective Orders: California criminal protective orders are described in PC § 136.2. For domestic violence cases, they can last through the entire pretrial process and be extended for another 10 years after a conviction.
- Domestic Violence Restraining Orders (DVROs): Requested by the alleged victim in family court. A temporary order can be issued the same day without notice to you and lasts until a hearing, usually within about three weeks. After the hearing, a DVRO can last up to 5 years and can be renewed for another 5 years or permanently (Family Code § 6345).
Domestic Violence Accusations and Custody Cases
A domestic violence charge, even without a conviction, can seriously impact a child custody case. Family Code § 3044 instructs family court officials to automatically presume that giving custody to a parent who recently committed domestic violence is not in the child's best interest. Here are some key distinctions:
- The family court will make its own determination, rather than relying on criminal court outcomes.
- In addition to current and former romantic partners, the court will also look at possible violence committed against children in the relationship.
- A previously issued DVRO can be used as justification for denying custody.
Your attorney should be someone familiar with these aspects of family court in addition to the ins and outs of criminal court.
You're fighting an uphill battle, but it's not impossible. The judge will weigh factors such as:
- The best interest of the child in question
- Completion of a batterer's intervention program
- Completion of alcohol or drug counseling, as applicable
- Completion of a parenting class
- Compliance with probation and any protective orders
- Whether there have been any further acts of domestic violence
A parent subject to the presumption usually still has visitation, though it may be supervised or restricted. When there are only allegations and no finding, the presumption doesn't apply. The judge decides custody based on the child's best interest, and if the judge gives custody to a parent who has been accused of abuse, the judge must explain the reasons on the record.
Domestic Violence Penalties in Anaheim, CA
A domestic violence conviction can result in major fines and jail time. Below, we've pulled together the penalties for the most common domestic violence and related charges in Anaheim, CA.
| Offense | Statute | Misdemeanor / Felony | Jail / Prison Time* | Fines* |
|---|---|---|---|---|
| Domestic Battery | PC § 243(e)(1) | Misdemeanor | Up to 1 year in county jail | Up to $2,000 |
| Corporal Injury on a Spouse or Cohabitant | PC § 273.5 | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years (2, 4, or 5 years with a qualifying prior within 7 years) | Up to $6,000 (up to $10,000 with a qualifying prior) |
| Dissuading a Witness | PC § 136.1 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (2, 3, or 4 years if aggravated) | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Criminal Threats | PC § 422 | Wobbler (felony is a strike) | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Stalking | PC § 646.9 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years (longer if a restraining order was in place or with prior convictions) | Up to $1,000 |
| Restraining Order Violation | PC § 273.6 | Misdemeanor (wobbler for certain repeat violations) | Up to 1 year | Up to $1,000 (up to $2,000 if someone was injured) |
| False Imprisonment | PC §§ 236, 237 | Wobbler | Misdemeanor: up to 1 year Felony: 16 months, 2, or 3 years | Misdemeanor: up to $1,000 Felony: up to $10,000 |
| Assault With a Deadly Weapon / Force Likely to Cause GBI | PC § 245(a) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Up to $10,000 |
| Sexual Battery | PC § 243.4 | Wobbler | Misdemeanor: up to 6 months Felony: 2, 3, or 4 years | Misdemeanor: up to $2,000 Felony: up to $10,000 |
| Revenge Porn | PC § 647(j)(4) | Misdemeanor | Up to 6 months | Up to $1,000 |
| Child Abuse | PC § 273d | Wobbler | Misdemeanor: up to 1 year Felony: 2, 4, or 6 years | Up to $6,000 |
| Elder Abuse | PC § 368(b) | Wobbler | Misdemeanor: up to 1 year Felony: 2, 3, or 4 years | Misdemeanor: up to $6,000 Felony: up to $10,000 |
*These incarceration ranges and fines can be increased by aggravating factors. For example, causing great bodily injury in a domestic violence incident adds 3, 4, or 5 years and makes the offense a strike, and sexual battery convictions require sex offender registration. Talk with your Anaheim, CA, domestic violence attorney about the penalties you are actually facing.
Domestic Violence Probation
It's common for domestic violence plea deals to result in probation, rather than jail time. Mandatory probation conditions are set in PC § 1203.097:
- A minimum period of 3 years
- A criminal protective order protecting the alleged victim
- Completion of a year-long batterer's intervention program
- If you can afford it, a $500 payment to domestic violence programs
- Community service
- Loss of firearms
- No new law violations
You may have heard of a California law restricting probation to a maximum of two years (AB 1950). Under current law, this does not apply to domestic violence cases.
Collateral Consequences of a Domestic Violence Conviction
In addition to jail time and fines, your Anaheim, CA, domestic violence conviction can lead to the following:
- Loss of Second Amendment Rights: A conviction of either domestic battery or corporal injury leads to a loss of firearms rights. Misdemeanor domestic battery convictions are a permanent federal ban and a 10-year California ban. Misdemeanor corporal injury convictions on or after January 1, 2019, and any felony convictions result in a lifetime ban.
- Immigration Consequences: You could face removal, denial of a green card, and/or rejection of citizenship applications. Learn more in the immigration section below.
- Custody: A conviction can trigger the Family Code § 3044 presumption against custody.
- Long-Term Protective Orders: The court can issue a criminal protective order lasting up to 10 years, and the alleged victim may also seek a DVRO.
- Employment and Licensing: If a conviction appears in background checks, it can become a hurdle to future job applications.
- Relationships and Reputation: If people find out about your conviction, they may not want to associate with you.
Domestic Violence Charges and Immigration
Even just an accusation of domestic violence can be seriously damaging for non-U.S. citizens, if a restraining order was issued. Fenderal law INA § 237(a)(2)(E) sets two possible condition for removal:
- A conviction for a crime of domestic violence, as defined in U.S. federal law
- A judicial finding that you broke a protective order (regardless of whether or not you were convicted of a crime for it)
Some domestic violence offenses can also be treated as crimes involving moral turpitude, which carry their own immigration consequences. While some charges are typically treated more lightly than others (for example, domestic battery often results in less serious consequences than inflicting corporal injury), this is not guaranteed, and can depend on the specific facts surrounding your case.
If you're an immigrant facing domestic violence charges, the first plea offer you receive probably won't be the best outcome for your case. A reputable Anaheim, CA, immigration attorney can help you evaluate the potential legal consequences of a deal, negotiate for a more favorable one, and fight against deportation.
Diversion, Reductions, and Clearing Your Record
Diversion options for domestic violence look different than with standard California criminal charges. PC § 1001.95 offers standard misdemeanor conversion, but this does not apply to domestic violence cases. Instead, you can explore the following:
- Pre-Filing Intervention: Before charges are filed, your attorney can present evidence to the prosecutor and argue that the case shouldn't be filed at all, or should be filed as a lesser charge.
- Mental Health Diversion (PC § 1001.36): While not available to everyone, mental health diversion can be a powerful option resulting in the dismissal of all charges. Typically, your criminal case is put on hold for up to 1 year (for misdemeanors) or 2 years (for felonies) while you undergo treatment.
- Military Diversion (PC § 1001.80): Current and former service members charged with a misdemeanor may qualify if they suffer from service-related PTSD, traumatic brain injury, sexual trauma, substance abuse or mental health problems.
- Reduction to a Misdemeanor (PC § 17(b)): Inflicting corporal injury can be charged as either a felony or a misdemeanor — your attorney can bargain for a reduction with the prosecutor, argue for misdemeanor status at sentencing, or petition for reduction after the completion of probation.
- Expungement (PC § 1203.4): Expungement is a chance to clear your public record of the conviction, and is often a major help for moving forward with your career — but it does not restore firearm rights, and the conviction can still be used against you in immigration court.
What if the Alleged Victim Doesn't Want to Testify?
Your case may have started with the alleged victim calling the police and making a report against you in the heat of the moment. If emotions cooled down, they may realize they made a mistake and ask to take back their accusations. Having the alleged victim on your side is a big help, but it will take more to beat the charges:
- The state can move forward with the case regardless of the alleged victim's wishes. They may try to use 911 calls, statements made to officers at the scene, body-camera video, photos, and medical records. Whether those statements can be used without live testimony is a complex constitutional question, and challenging them is one of the most important tools in a domestic violence defense.
- Your history may be used against you. Due to Evidence Code § 1109, the prosecution can use evidence of prior alleged domestic violence acts (typically within 10 years) in your current case.
- They can compel your spouse to testify. Normally a spouse can refuse to testify against the other, but that privilege has an exception for crimes against the spouse (Evidence Code § 972(e)).
- Victims can't be held in contempt if they refuse to testify. Under Evidence Code § 1219, a domestic violence victim who refuses to testify about the abuse can't be jailed for contempt.
Important Note: Neither you nor anyone acting for you should ask the alleged victim to stay away from court, which can be charged as dissuading a witness. Your attorney can lawfully present the alleged victim's account, challenge the use of out-of-court statements, and highlight any contradictions and/or inconsistencies.
Defense Strategies Your Domestic Violence Attorney May Use
The defense to your criminal charges may be built on a common strategy, but it should be tailored to your unique circumstances. Some cases are best defended using procedural errors, like pointing out rights violations. Others hinge on actual innocence, such as a false accusation. And others concede that someone was hurt but dispute intent or who started it.
Here are defense strategies our domestic violence attorneys may use in your case:
- False Accusation: This is particularly pertinent in cases involving child custody — it's possible the accusations were made in bad faith. Your defense attorney should consider the potential motives of the accusor.
- Self-Defense or Defense of Others: Perhaps you did harm your partner, but were justified by a real, perceived threat.
- Dominant Aggressor: Related to self-defense, if you fought back and both of you ended up injured, your attorney can argue that the other party was the dominant aggressor.
- Lack of Intent or Accident: Both domestic battery and corporal injury require a willful act. Accidental contact, like bumping someone while trying to leave, is not domestic violence.
- No Traumatic Condition: If you're charged with inflicting corporal injury on a spouse or cohabitant, a possible defense is that no injury occurred. This isn't as likely to result in a full dropping of charges, but can result in the reduction to misdemeanor domestic battery.
- Alleged Victim Recants: As discussed above, it's not possible for the supposed victim to drop criminal charges. However, if they recant, that can create a major hole in the case against you, which your defense attorney can exploit.
- Reasonable Doubt: Sometimes the strongest defense is showing that the prosecution's evidence doesn't prove the charge beyond a reasonable doubt.
- Alibi: A solid alibi is an invaluable defensive tool — it will present an alternative narrative protecting you against the supposed wrongdoing.
- Constitutional Violations: If police violated your rights during the investigation, we challenge the evidence and file motions to suppress it.
How the Law Offices of David S. Chesley Defends Domestic Violence Charges in Anaheim, CA
The Law Offices of David S. Chesley specializes in criminal defense and has extensive experience fighting domestic violence charges. This is what you can expect for your case:
- Free Case Review: Before building your defense, we offer a free review of the charges against you.
- Release and Protective Orders: We work to get you released and, where appropriate, ask the court to modify protective orders so you can return home or see your children.
- Interview Management: You deserve more than just the same advice to stay silent — we can tell you the best way to interact with law enforcement.
- Defense Investigation: Between discovery, 911 recordings, body-camera video, medical records and our own investigation, we'll learn every detail of your case.
- Strategy Development: After reviewing the evidence, we'll build a defense strategy tailored to your case.
- Pretrial Motions: Motions are a way for us to suppress evidence, challenge narratives, and even get charges dropped in some cases.
- Plea Negotiations: We use our experience with how Anaheim, CA prosecutors evaluate domestic violence cases to pursue reduced charges, diversion where available, or a dismissal.
- Trial Representation: If you don't get a plea deal that you want to accept, we'll go to trial and argue your case in front of a judge and jury.
- Sentencing Advocacy and Appeals: If your case ends in a conviction, we can advocate for a lighter sentence and help with appeals, reductions, and expungement.
Why Choose the Law Offices of David S. Chesley for Domestic Violence Defense in Anaheim, CA
Our firm has over 50 years of combined courtroom experience. Our team includes former prosecutors who know how the state builds these cases, and where they tend to break down.
Here's what sets us apart from other criminal defense firms in Anaheim, CA:
- Former prosecutors on our team with firsthand knowledge of how domestic violence cases are charged and negotiated.
- Combination criminal defense and immigration services, because noncitizens deserve special attention to their unique circumstances.
- Available 24/7, because arrests can happen at any time.
- Results for clients. Our former clients can attest to our dedication to protecting their rights.
In a previous case, our client was accused of violating a domestic violence restraining order for visiting his wife's residence when he was not supposed to. We negotiated a plea that kept him out of jail.
Prior results do not guarantee a similar outcome.
Anaheim, CA Domestic Violence FAQs
Will a first-time domestic violence conviction in Anaheim, CA, result in jail time?
It's possible to go to jail for a first-time offense, but not guaranteed. Probation is a common outcome for first-time offenders when there was no major injury. Some of the conditions of domestic violence probation are: a minimum of 36 months of probation, a 52-week batterer's intervention program, and a protective order. An experienced defense lawyer can often negotiate a reduced charge or a better outcome.
Is a domestic violence conviction in Anaheim, CA, a felony?
That depends on what the Anaheim prosecutor chooses to charge in your case. While domestic battery can only be charged as a misdemeanor, inflicting corporal injury could be either a misdemeanor or a felony. Related charges such as criminal threats, stalking, and dissuading a witness are also wobblers.
What is the difference between domestic battery and corporal injury?
Domestic battery (PC 243(e)(1)) includes an intentional, nonconsensual form of physical contact that hurts or offends a current or former romantic partner. It does not matter whether or not an injury was caused. Corporal injury (PC 273.5) requires that the touching caused a "traumatic condition," meaning any wound or injury, however minor, including injury from strangulation. Because of that injury requirement, corporal injury is the more serious charge and can be filed as a felony.
Can the victim drop domestic violence charges in Anaheim, CA?
No. Once charges are filed, only the prosecutor can decide not to pursue the case. It's always helpful to have the victim recant, as that can give your defense attorney a way to challenge the prosecution's case.
Can police arrest me for domestic violence if nobody is hurt?
Yes. Probable cause for a domestic violence arrest can include the alleged victim's story or signs of violence (like property damage) besides an injury — it does not require a visible injury. Visible injuries often count as probable cause, but Anaheim police officers look at the whole picture, not just cuts and bruises.
Can I go home after a domestic violence arrest?
Often not right away. Police commonly obtain an emergency protective order, and the criminal court usually issues a criminal protective order at arraignment that can require you to stay away from the alleged victim and the shared home. Violating either order is a separate crime, even if the alleged victim invites you back. Your attorney can ask the judge to modify the order, for example, to allow peaceful contact.
Will a domestic violence charge affect my immigration status?
It can. Under federal immigration law, a conviction for a "crime of domestic violence" and a court finding that you violated certain terms of a protective order are both separate grounds for deportation, and some domestic violence offenses are also treated as crimes involving moral turpitude. Because of these wide-reaching ramifications, you should always consult with an immigration attorney before accepting any plea offer.
What diversion options are available for a domestic violence charge in Anaheim, CA?
Standard misdemeanor diversion under PC 1001.95 is not available for domestic violence charges. That said, depending on your background and circumstances, you might have other options. For example, PC 1001.80 provides current and former U.S. military personnel a diversion option for certain offenses (including some domestic violence charges), if they are suffering from specific, often service-related, challenges. While they are not options for everyone, they can make a major difference in eligible individuals' lives.
Can a domestic violence conviction be expunged in Anaheim, CA?
Typically, yes. But it may look different depending on what you were charged with. A misdemeanor conviction is typically eligible for dismissal after the completion of probation, while felony corporal injury convictions can often be reduced to a misdemeanor. An expungement does not completely erase the conviction, however — it will still be visible to law enforcement agencies and prosecutors. However, it can help with future housing and employment applications.
Will a domestic violence conviction take away my gun rights?
Very likely. A misdemeanor domestic battery conviction carries a 10-year California firearm ban and a lifetime federal ban. A misdemeanor PC 273.5 conviction on or after January 1, 2019, carries a lifetime ban under California law, and any felony conviction is a lifetime ban. Domestic violence restraining orders and protective orders also require you to give up your firearms while they are in effect.
How long does a domestic violence case take in Anaheim, CA?
Anywhere from a few months to more than a year. After an arrest, the state has 48 hours to either charge you with a crime or release you (excluding Sundays and holidays). After that, the pretrial phase of discovery, investigation, motions, and plea negotiations usually takes several months, and cases that go to trial take longer.
Can a felony domestic violence charge be reduced to a misdemeanor?
Yes. Because inflicting corporal injury on a spouse or cohabitant a wobbler, you could be charged with either a misdemeanor or a felony. Your domestic violence lawyer can advocate for a reduction to a misdemeanor at many stages: During a pre-filing investigation conference, plea negotiations, at sentencing, or even after you've completed your probation requirements.
What should I do if I'm served with a restraining order while my criminal case is pending?
Obey every condition of the order, even if the supposed victim changes their mind. Protective orders are a standard part of domestic violence cases, and if you break any of the conditions, this could be used against you in court. Your defense lawyer can fight for the order to be lifted or modified to be a "peaceful contact" order.
Fight Against Your Domestic Violence Charge in Anaheim, CA, With an Expert Defense Attorney
It's normal to feel intimidated or overwhelmed when facing criminal charges, especially for domestic violence. But you don't have to face them alone. The Law Offices of David S. Chesley can help.
We also aid with the following legal services in Anaheim, CA:
- Sex Crimes Lawyer
- Immigration Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Talk to us at (800) 755-5174 or contact us online to schedule a confidential consultation with a domestic violence lawyer in Anaheim, CA.
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